The Peng Law

ESTA Visa Waiver Program

ESTA (Electronic System for Travel Authorization) is the electronic application system associated with the U.S. Visa Waiver Program (VWP).

Overview

ESTA (Electronic System for Travel Authorization) is the electronic application system associated with the U.S. Visa Waiver Program (VWP). Citizens of the 41 VWP member countries may travel to the United States for business or tourism without obtaining a B-1/B-2 visa, for stays of up to 90 days per visit. Travelers must apply for ESTA authorization online at least 72 hours before departure. Note that mainland Chinese passport holders are not eligible for the VWP, but travelers holding passports from Taiwan (with national ID number), Japan, South Korea, Australia, New Zealand, and most European countries may use ESTA.

Eligibility
01

Must hold an e-Passport (chip-enabled) issued by a VWP member country

02

Travel purpose must be business (B-1 equivalent), tourism/transit (B-2 equivalent/C-1 transit)

03

Planned stay in the U.S. must not exceed 90 days

04

Must hold a return or onward ticket

05

No criminal record, no communicable diseases, never been deported or denied entry to the U.S.

06

Must not have traveled to Iraq, Syria, Iran, Sudan, Libya, Somalia, Yemen, or North Korea (after 2011, with certain exemptions)

Application Process
01

Apply Online

Visit the official website (esta.cbp.dhs.gov) and complete the application with personal information, passport details, travel information, and security questions.

02

Pay Fee

The ESTA fee is $40.27 ($4 processing fee + $17 authorization fee, charged only if approved). Accepts credit/debit cards and PayPal.

03

Await Decision

Most applications receive a decision within 72 hours. Possible outcomes are "Authorization Approved," "Pending," or "Travel Not Authorized."

04

Save Confirmation

Although printing is not required, saving the ESTA approval confirmation for airline check-in and entry is recommended.

05

Enter the United States

Upon arrival, undergo inspection by a CBP officer. Even with ESTA authorization, CBP retains discretion to deny entry. The authorized stay is 90 days and cannot be extended.

Timeline Reference
StageDuration
Online ApplicationApproximately 20 minutes
DecisionUsually within 72 hours
ESTA Validity2 years or passport expiration (whichever is earlier)
Maximum Stay Per Visit90 days (no extensions)
Frequently Asked Questions

Key differences: (1) ESTA is only for VWP member country citizens; B-1/B-2 is available to all nationalities; (2) ESTA limits stays to 90 days with no extensions; B-1/B-2 allows up to 6 months with extension options; (3) ESTA is applied for online without an interview; B-1/B-2 requires a consular interview; (4) ESTA costs only $40.27; B-1/B-2 visa fee is $185; (5) ESTA entrants generally cannot change status within the U.S. (e.g., to F-1 or H-1B); B-1/B-2 holders can. If you plan to stay beyond 90 days or may need to extend or change status, apply for a B-1/B-2 visa.

How It Works
01

Free Assessment

15 minutes with a senior attorney.

02

Strategy & Quote

A written plan, timeline and flat fee.

03

Evidence & Drafting

AI drafts, attorney judgment, live portal.

04

Filing & Tracking

USCIS updates within minutes.

Where We Handle ESTA Visa Waiver Program Matters
Key Terms
ESTAVWPVisa Waiver ProgramCBPI-94W90-Day Limite-PassportTravel Authorization

Start your ESTA Visa Waiver Program case

Begin with a free assessment. A senior attorney will tell you where your profile stands today, what is missing, and what the next step should be.

Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.

ESTA Visa Waiver Program Visa Lawyer 2026 | New York Immigration Attorney | The Peng Law